If you face a Connecticut drug crime, contact our office to learn how we can help. You can learn more about Connecticut cocaine drug laws here.

Description of the Drug

Cocaine is a naturally derived CNS (central nervous system) stimulant. It gets extracted and refined from the Coca plant grown primarily in the Andean region of South America. Cocaine is typically a white-ish powder with a bitter, numbing taste. People oftentimes snort this drug. But, a person can also inject it and use it orally. 
While powder cocaine can be smoked to some effect, it is a very inefficient method of ingestion. Because of the high temperatures present when smoking, powder cocaine tends to burn rather than vaporize. For that reason, freebase cocaine, also known as crack, comes from powder cocaine for smoking. Freebase cocaine vaporizes at smoking temperatures providing more effect with less material. Also, they provide faster onset and a more intense high than powder cocaine. (http://www.erowid.org/chemicals/cocaine/cocaine_basics.shtml). Common street names for the drug are Coke; Crack; Blow; Snow; and Nose Candy.

Definition of the Cocaine Drug Laws

Cocaine is classified as a “narcotic substance” under Connecticut law. Conn. Gen. Stat. § 21a-240.

Conn. Gen. Stat. § 21a-240

(30) “Narcotic substance” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

(A) Morphine-type: (i) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate similar thereto in chemical structure or which have similarity thereto in physiological effect and which show a like potential for abuse, which include controlled substances under this chapter unless modified; (ii) any salt, compound, isomer, derivative, or preparation thereof chemically equivalent or identical with any of the substances referred to in clause (i), but not including the isoquinoline alkaloids of opium; (iii) opium poppy and poppy straw.

(B) Cocaine-type, coca leaves and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, isomer, derivatives or preparation thereof chemically equivalent or identical with any of these substances or which have similarity thereto in physiological effect and which show a like potential for abuse, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine;

Possession

Simple Possession

Possession of cocaine, because of its classification as a narcotic, carries the harshest penalties under Connecticut law. There is no charge equating to misdemeanor or “simple” possession of a narcotic. Possession of any amount of cocaine, no matter how small, is classified as a felony offense.

Felony Possession

Felonies are the most serious crimes in any system of criminal law. A standard definition of a felony is any crime punishable by more than one year in prison or by death.

Often the offense itself does not constitute a felony. But, the punishment tells the public that the offense is a felony. Additionally, statutes may label a crime a “gross” or “aggravated” misdemeanor. But, they provide for a sentence of more than one year in the state penitentiary system. This ensures that the offense gets treated as felony in many respects.

A person convicted of a felony may have more restrictions on their rights than a person convicted of a lesser crime. In many jurisdictions, felons cannot serve on juries. Often times they lose their right to vote or to practice certain professions, such as lawyer or teacher. Felons cannot own guns or serve in the military in many cases.

Penalties for Cocaine Possession

For a first conviction of cocaine possession, you can face up to seven years in jail. Also, you face up to a 50,000 fine. For a second conviction of cocaine possession, you can face up to 15 years in jail. Also, you face up to a $100,000 fine. A third (or subsequent) conviction of cocaine possession, could result in up to 25 years in jail and up to a $250,000 fine.

Conn. Gen. Stat. § 21a-279. Penalty for illegal possession.

(a) Any person who possesses or has under his control any quantity of any narcotic substance, except as authorized in this chapter, for a first offense, faces imprisonment not more than seven years or a fine not more than fifty thousand dollars, or both fined and imprisoned; and for a second offense, may face imprisonment not more than fifteen years or a fine not more than one hundred thousand dollars, or both; and for any subsequent offense, may face imprisonment not more than twenty-five years or a fine not more than two hundred fifty thousand dollars, or both.

Penalties for Possession of Cocaine with Intent to Sell

a. Sale of any amount of narcotics by a Drug Dependent Person. Conn. Gen. Stat. 21-a277(a).

For a first conviction of cocaine possession with intent to sell you are facing up to 15 years in prison and up to a $50,000 fine.
For a second conviction of cocaine possession with intent to sell you are facing up to 30 years in prison and up to a $100,000 fine.
A third (or subsequent) conviction of cocaine possession with intent to sell results in up to 30 years in prison or up to a $250,000 fine.

There is also an alternative sentence of up to a 3 year indeterminate sentence with conditional release.

b. Sale of any amount of narcotics by a non-drug dependent person. Conn. Gen. Stat. § 21a-278(b).

For a first conviction of the sale of any amount of narcotics by a non-drug dependent person you are facing a mandatory minimum of five years and up to 20 years in prison.

For a second or subsequent conviction of the sale of any amount of narcotics by a non-drug dependent person you are facing a mandatory minimum of 10 years and up to 25 years in prison.

c. Sale of at least 1/2 ounce of cocaine. Conn. Gen. Stat. § 21a- 278(a).

For a first conviction of the sale of at least 1/2 ounce of cocaine you are facing mandatory minimum of five years. Also, you face up to 20 years in prison.

For a second or subsequent conviction of the sale of at least 1/2 ounce of cocaine you face a maximum of life in prison.

Relevant Statutes

§ 21a-277. Penalty for illegal manufacture, distribution, sale, prescription, dispensing

(a) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person any controlled substance which is a hallucinogenic substance other than marijuana, or a narcotic substance, except as authorized in this chapter, for a first offense, shall be imprisoned not more than fifteen years and may be fined not more than fifty thousand dollars or be both fined and imprisoned; and for a second offense shall be imprisoned not more than thirty years and may be fined not more than one hundred thousand dollars, or be both fined and imprisoned; and for each subsequent offense, shall be imprisoned not more than thirty years and may be fined not more than two hundred fifty thousand dollars, or be both fined and imprisoned.

(d) As an alternative to the sentences specified in subsections (a) and (b) of this section, the court may sentence the person to the custody of the Commissioner of Correction for an indeterminate term not to exceed three years or the maximum term specified for the offense, whichever is the lesser, and, at any time within such indeterminate term and without regard to any other provision of law regarding minimum term of confinement, the Commissioner of Correction may release the convicted person so sentenced subject to such conditions as he may impose including, but not limited to, supervision by suitable authority. At any time during such indeterminate term, the Commissioner of Correction may revoke any such conditional release in his discretion for violation of the conditions imposed and return the convicted person to a correctional institution.

§ 21a-278. Penalty for illegal manufacture, distribution, sale, prescription or administration by non-drug-dependent person

(a) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person one or more preparations, compounds, mixtures or substances containing an aggregate weight of one ounce or more of heroin or methadone or an aggregate weight of one-half ounce or more of cocaine or one-half ounce or more of cocaine in a free-base form, or a substance containing five milligrams or more of lysergic acid diethylamide, except as authorized in this chapter, and who is not, at the time of such action, a drug-dependent person, shall be imprisoned for a minimum term of not less than five years or more than twenty years; and, a maximum term of life imprisonment.

The execution of the mandatory minimum sentence imposed by the provisions of this subsection shall not be suspended, except the court may suspend the execution of such mandatory minimum sentence if at the time of the commission of the offense (1) such person was under the age of eighteen years, or (2) such person’s mental capacity was significantly impaired, but not so impaired as to constitute a defense to prosecution.

(b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person any narcotic substance, hallucinogenic substance other than marijuana, amphetamine-type substance, or one kilogram or more of a cannabis-type substance, except as authorized in this chapter, and who is not, at the time of such action, a drug-dependent person, for a first offense shall be imprisoned not less than five years or more than twenty years; and for each subsequent offense shall be imprisoned not less than ten years or more than twenty-five years.

The execution of the mandatory minimum sentence imposed by the provisions of this subsection shall not be suspended, except the court may suspend the execution of such mandatory minimum sentence if at the time of the commission of the offense (1) such person was under the age of eighteen years, or (2) such person’s mental capacity was significantly impaired, but not so impaired as to constitute a defense to prosecution.

Penalties for Possession Near a Prohibited Place

You face up to three consecutive years in prison. You also face prison time for the underlying offense.

Relevant Statutes

§ 21a-278a. Penalty for illegal manufacture, distribution, sale, prescription or administration

(b) Any person who violates section 21a-277 or 21a-278 by manufacturing, distributing, selling, prescribing, dispensing, compounding, transporting with the intent to sell or dispense, possessing with the intent to sell or dispense, offering, giving or administering to another person any controlled substance in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school, a public housing project or a licensed child day care center, as defined in section 19a-77, that is identified as a child day care center by a sign posted in a conspicuous place shall be imprisoned for a term of three years, which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for violation of section 21a-277 or 21a-278.

To constitute a violation of this subsection, an act of transporting or possessing a controlled substance must happen with intent to sell or dispense in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school, a public housing project or a licensed child day care center, as defined in section 19a-77, identified as a child day care center by a sign posted in a conspicuous place. For the purposes of this subsection, “public housing project” means dwelling accommodations operated as a state or federally subsidized multifamily housing project by a housing authority, nonprofit corporation or municipal developer, as defined in section 8-39, pursuant to chapter 128 or by the Connecticut Housing Authority pursuant to chapter 129.